July 16 2008

Dear Sir/Madam,

Recently I read an alarming report from the BBC concerning mobile
phone masts which were erected after blunders by councils in
England.

Legislation allows mobile phone companies to assume masts below 15m
in height have been given planning approval if they do not hear in
writing from a council within 56 days. The council is legally
obliged to write to the companies within the given time, outlining
whether the mast actually needs prior approval and whether or not
the council objects to its siting and appearance.

On 68 occasions, councils in southern England have fallen foul of a
legal loophole allowing masts to be approved if an operator is not
sent an answer within that set time limit. In 39 of those cases,
the council had intended to object to the application.

A catalogue of errors has been uncovered across southern England by
the BBC. They include decisions being sent by second-class mail
instead of first, letters being given the wrong date-stamp,
officers calculating the time period incorrectly, the wrong
decision notices being sent out and officers forgetting to state
clearly enough that the application had actually been refused. This
concerns this correspondent greatly.

I am therefore requesting that your council provides me with a full
disclosure on issues relating to this most serious matter under the
Freedom of Information Act 2000. I request the following specific
information:

How many instances (if at all) did your council allow masts to be
approved because an operator was not sent an answer within that set
time limit

Full details in relation to each instance (if any) as mentioned in
part one, including the size, height, and location of each mast,
the identity of the operator, and why each operator was not sent an
answer within the set time limit

Whether the council intended to object to each mast referred to in
part two

This Act established a legal right of access to information held by
public bodies and I believe the full disclosure of such material is
in the public interest and is essential for maintaining public
confidence and accountability in our local services.

I would therefore request a full disclosure in line with the
aforementioned act, within the statutory 20 day limit.

Sincerely, Adrian

Adrian

I wish to acknowledge receipt of your email below.

This is being dealt with by Brid Lofthouse, who will respond to you
directly.

Regards

Stephanie

Stephanie McLaughlin
PA to Chief Executive

Moyle District Council
Sheskburn House
7 Mary Street
Ballycastle
BT54 6QH

Tel: 028 2076 2225 Ext 233
Fax: 028 2076 2515

show quoted sections

Reference Number 070854

Dear Adrian,

Thank you for your request for information.

I have been advised by our Building Control Department that the
information you have requested does not fall within the remit of that
department. Instead, you would need to direct your request to the
Northern Ireland Planning Department. Our nearest branch is located
within County Hall, in Coleraine, Co Derry. I have attached a link to
the department's website below.

http://www.planningni.gov.uk/

I hope this information is helpful to you. If you have any further
queries, please do not hesitate to ask.

Brid Lofthouse

Human Resource Manager

Moyle District Council <http://www.moyle-council.org/>

Ext 220

Tel: 028 20762225

Type talk: 18001 028 20762225

e-mail - [email address]
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